YASHWANT VARMA,J.DHANANJAYA YESHWANT CHANDRACHUD,CJ. - (1.) These special appeals have arisen from a judgment of the learned Single Judge dated 1 February 2016.
(2.) Two writ petitions were placed for hearing together before the learned Single Judge. The first writ petition was by Santosh Kumar whose appointment as a steno typist in the Public Works Department PWD was cancelled on 27 July 1999 by the Executive Engineer acting on the basis of a complaint filed by Km. Reena Kanaujia. Km. Reena Kanaujia had also participated in the process of selection for the filling up of six posts of steno typist in Hindi in which Santosh Kumar but not the complainant, was selected. Acting on the complaint, a preliminary inquiry was held in which the complainant was heard but not the persons who were selected.
(3.) Eventually, the appointment was cancelled on the ground that Santosh Kumar had failed to attain the minimum typing speed of 25 words per minute in the typing test. Santosh Kumar challenged his termination in a writ petition before the learned Single Judge. Km. Reena Kanaujia in her writ petition sought the cancellation of the appointment of Santosh Kumar and for a mandamus to appoint her on the post of steno typist in Hindi. The learned Single Judge dismissed the writ petition filed by Santosh Kumar and allowed the writ petition filed by Km. Reena Kanaujia by directing the appointing authority to consider her claim for appointment on the post prospectively.;